Burglary and criminal trespassing are two distinct criminal offenses, but they share some similarities. Burglary is the act of entering a building or structure with the intent to commit a crime, typically theft. Criminal trespassing, on the other hand, is the act of entering or remaining on someone else's property without permission.
The elements of burglary include the following:
- Unlawful entry into a building or structure
- The intent to commit a crime
- The crime must be committed inside the building or structure
The elements of criminal trespassing include the following:
- Entering or remaining on someone else's property without permission
- The person must have had the intent to enter or remain on the property
The primary element that separates the two crimes is the intent to commit a crime. In burglary, the person must have the intent to commit a crime once inside the building or structure. In criminal trespassing, the person may not necessarily have the intent to commit a crime, but they are entering or remaining on someone else's property without permission.
A person does not have to commit the act of theft or commit another crime to be convicted of burglary. The intent to commit a crime is enough to support a conviction. However, the crime committed inside the building or structure must be intentional and not merely accidental.